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The news media has already engaged in rampant speculation regarding the potential candidates from both parties in the 2016 presidential election.

Under what courts call the "crime-fraud exception" to the attorney-client privilege, the privilege does not protect communications between clients and their lawyers which further client wrongdoing. Courts agree that the exception applies to crimes and traditional common law intentional fraud.

The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA.

The cost and risk associated with allegations under the FCA create a heightened importance on defining the scope of the claims that are at issue.

The 10th U.S. Circuit Court of Appeals recently ruled that a defendant was bound by a consent order with the SEC, rejecting the defendant’s argument that he wasn’t bound by it because his attorney didn’t properly explain it to him.

Last week, the Department of Justice announced that it had collected a record $5.69 billion in False Claims Act settlements and recoveries over the past year, marking the first time that recoveries have breached the $5 billion threshold.

Not all recent Southern District of New York decisions have favored privilege protection in the corporate setting. In Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GmbH, No. 14-cv-585, 2014 U.S. Dist. LEXIS 175552 (S.D.N.Y. Dec. 19, 2014)

With the festive season now upon us, employers may find themselves dealing with misconduct both within and outside the workplace

The NLRB's Division of Advice recommended dismissal of an unfair labor practice charge alleging that an employer violated Section 8(a)(5) of the National Labor Relations Act by using a GPS tracking device...

The IRS issued a revenue ruling confirming that a nonstatutory stock option or stock-settled stock appreciation right is also exempt from Section 457A.

Allegedly firing an employee for filing a collective action under the FLSA interfered with the employee’s right to organize under Section 7 of the NLRA.

On October 26, 2015, Administrative Law Judge David I. Goldman ("ALJ Goldman") held that a union did not violate federal labor law...

Under the "fiduciary exception," beneficiaries of a fiduciary duty may sometimes access otherwise privileged communications between the fiduciary and the fiduciary's lawyer.

Back in May, the Court of Justice of the European Union (CJEU) gave judgment on questions referred to it in the case of Lock v British Gas Trading Ltd

The justices did not seem inclined to spell out what was required in the duty to monitor, other than the normal fiduciary standard of prudence under the circumstances.

In July 2014, the Council of the District of Columbia adopted and the then-mayor signed the Sustainable DC Omnibus Amendment Act of 2014, DC Law 20-385.

A whistleblower was recently denied any portion of the Government's recovery in a False Claims case despite the Government obtaining a settlement of approximately $322 million.

U.S. District Judge John R. Adams of the Northern District of Ohio has recently dismissed Ohio landowners’ claim that oil and gas leases not properly notarized are invalid.